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NY I86277




October 1, 2002

CLA-2-62:RR:NC:WA:357 I86277

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
P.O. Box 1399
Hartwell, GA 30643

RE: The tariff classification of a man’s jacket from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar/Burma, Malaysia, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated September 5, 2002, you requested a classification ruling.

The sample submitted, style number 2130, is a man’s lower hip-length jacket constructed of a shell composed of a woven color block ripstop 100% polyester trilobal fabric which has a visible polyurethane coating on the inner surface. The jacket is lined with a mesh 100% polyester fabric. The garment will also be imported under style number 2130T in tall sizes.

The jacket has a stand-up collar and a full front opening that is secured by a double pull zipper closure. An overlapping flap with six snaps covers the zipper area. The jacket also has long sleeves with elastic and a tab with a snap closure on the cuffs, two front pockets with zipper closures at the waist that are covered by a strip of overlay fabric, a free hanging rear yoke and an elasticized waistband with a tab on each side that is secured by a snap closure.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma), Ethiopia and Vietnam are presently neither subject to quota restraints nor the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

For your information merchandise from Myanmar/Burma must be marked for country of origin purposes with “Burma,” “Myanmar/Burma,” or “Burma/Myanmar,” to satisfy the requirements of 19 U.S.C. 1304.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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